The Maharashtra Unemployment Allowance to Workmen in Factories for Temporary Period Act, 1976

1. (1) This Act may be called the Maharashtra Unemployment Allowance Payment to Workmen in Factories (for Temporary Period) Act, 1976.
2. (2) It extends to the whole of the State of Maharashtra.
3. (3) It shall be deemed to have come into force on the 16th day of December 1975, but save as provided in section 9 shall be in operation only during the temporary periods notified, from time to time, under clause
   • (e) of section 2, in the whole State or any part thereof as may be specified in such notification.

In this Act unless the context requires otherwise,—

1. (a) "Badli workman" means a workman who is provided with a Badli card and who is employed in a factory in place of another workman who is temporarily absent and whose name is borne on the muster roll of the factory ;
2. (b) "factory" means any premises including precincts thereof wherein ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, but does not include a factory in respect of which the Central Government is the appropriate Government in relation to industrial disputes concerning it under the Industrial Disputes Act, 1947 ;
3. (c) "Manager" means the person who is for the time being managing the factory, and includes any other officer duly authorised by the employer to act as Manager, such authorisation being notified to the workmen by displaying it on the notice board of the factory ;
4. (d) "permanent workman" means a workman who has been employed on a permanent basis or whose appointment has been confirmed in writing by the Manager or by a person duly authorised in this behalf by the Manager, and includes a workman who has completed a probationary period of three months in the aggregate in the same or another occupation in the factory, and an apprentice for the purposes of payment of wages to him during the period he works on such post or in such vacancy;
5. (e) "temporary period" means such period (including its extension) as the State Government may for the whole State or any part thereof from time to time by notification in the Official Gazette specify in this behalf ; and any notification under this clause may be made so as to be retrospective to any date not earlier than the 16th day of December 1975 ;
6. (f) "temporary workman" means a workman who has been appointed in a factory for a limited period for work which is of an essentially temporary nature or who is employed temporarily as an additional workman in connection with temporary increase in work of a permanent nature ;
7. (g) the expression "workman" and any other words or expressions used in this Act but not defined therein shall have the same meanings respectively assigned to them in the Industrial Disputes Act, 1947, with this modification that the expression "workman" shall include a Badli workman, a temporary workman, and for avoidance of doubt, also a permanent workman.

1. (1) Where any workman, whose name is borne on the muster roll or, as the case may be, Badli Register, of a factory on the first day of the temporary period is not provided, due to short working of factories on account of shortage of power, with employment therein on any days during the temporary period, then notwithstanding anything contained in any law for the time being in force, he shall, subject to the provisions of this Act, be paid by the employer an unemployment allowance at such rate per day and for such number of days in each calendar month during the temporary period, as is provided in sub-section
2. (2) of this section.
3. (2) The rate of unemployment allowance payable shall be equal to 50 per cent. of the total of the basic wages and dearness allowance that would have been payable to him had he been provided with employment during the temporary period. The number of days in each calendar month for which the unemployment allowance shall be paid at the rate aforesaid shall be equal to the average of the total number of days in each month on which a workman has actually worked during a period of one year immediately before the commencement of the temporary period: Provided that such number of days in each calendar month shall not exceed the number of days in that month on which he is not provided with employment. Explanation.—Where the interval between two or more temporary periods is less than one year, then for calculating the period of one year in relation to the last of such temporary periods for the purposes of this sub-section, the temporary period or periods immediately before such last temporary period shall be excluded.
4. (3) In computing the amount of unemployment allowance, the amount payable shall, where necessary, be rounded off to the nearest rupee, fractions of fifty paise and over being counted as one, and less than fifty paise being disregarded.
5. (4) Where a workman does not actually work for the full number of hours on any day, then in counting the number of days on which he has actually worked on such days, the number of hours during which a workman has worked on each such day shall be added together to ascertain the number of days.

[Amendment has been carried out in the Maharashtra Unemployment Allowance Payment to Workmen in Factories (for Temporary Period) Act, 1976.]